The practice of cold calling law students, an age-old method often deployed within the walls of law schools, has once again sparked a lively debate. Several scholars hold the method in high regard, despite vague reasons to back up their views. Others deem the practice as an antiquated relic of a bygone time that adds little to no educational value. There’s even compelling evidence to suggest it may cause more harm than good.
The latest wave of the ongoing conversation began with a statement from Adam Mortara of Chicago Law, a man whose own views on education are quite controversial.
Another perspective came from Alan Mygatt-Tauber, who rightly stated that cold calling does not hold up as a reflection of a law practice. After all, appearing in court on behalf of a client involves preparation and a clear understanding of the case and issues at hand.
The Socratic Method has its merits, but the utility of cold calling is dubious at best. Offering students a reasonable warning of what they’ll be called on to discuss is closer to the real-world experience of a lawyer. Every student should have the opportunity to present their best work without resorting to impromptu performances.
It’s important to remember that not every law student aspires to become a litigator. Many lawyers, such as tax law practitioners, spend their careers with minimal public engagement, producing brilliant work from the quiet hub of their respective offices. The effectiveness of cold calling in these situations seems even more doubtful.
Many advocates for the cold calling approach are career academics, clinging to tradition or reveling in a chance to appear superior to their students. Not the healthiest reasons to retain an instructional method, to say the least.
Ironically, despite the heated back-and-forth on social media, Mortara still struggled to gain a footing in this discourse.
Are we ready yet to break free from the thrall of tradition? As suggested by Judge Stephen Dillard, it is indispensable for every profession to critically examine its practices from time to time. Let’s engage in a rational, evidence-based examination of cold calling rather than sticking to ‘the way things have always been done’.